Official Duties and Rights in Public Administration

Classes of Official Duties

Economic, non-economic, and social union.

A) Economic

Officials are entitled to basic pay, salary and bonuses, triennial bonuses, and additional remuneration for extra allowances, specific productivity, and gratuities.

B) Non-economic Rights

At the office, career development, appropriate treatment, dignity and privacy, leave, etc.

C) Trade Union Rights

To self-organize, to strike, and trade union participation and representation.

D) Social Rights

Contingencies and benefits in general, basic and complementary.

Duties of Officials

The duties of officials are understood as the legal obligations they have regarding the services provided in public administration.

Classes of Duties of Officials

From a moral, professional, and political perspective.

A) Duties of a Moral Character

Active staff are obliged to observe professional secrecy and faithfully perform their function or position.

B) Duties of a Professional Nature

They have the duty of care on time and stay, residence, loyal partnerships with managers and colleagues, respect and obedience, cooperation, correction with the public and subordinate officers, and submission to regulation of incompatibilities.

C) Duties of a Political Character

They have a duty of fidelity to the Spanish Constitution, their civil liberties and trade union rights, and a duty to refrain from any discriminatory action.

Classes of Incompatibilities

Incompatibility: material, moral, and legal.

A) Material

Officials cannot simultaneously occupy several places in the civil administration of the State, except as expressly provided for compatibility.

B) Moral

Abstain from hearing involves intervention or issues where a person can be directly affected.

C) Legal

Impact of material and moral.

Administrative Offenses

An administrative offense constitutes any failure of the official duties affecting it.

Classes of Offenses

Offenses can be classified as very serious, serious, and minor, and will prevail and be graduated in accordance with the intent of the author, the service disruption, and the recurrence of the misconduct.

Penalties

The very serious: separation from service, forced relocation for three years, and suspension of three to six years. The serious: hard forcible transfer to stay one year and up to three years. The mild: warning.

Prescription of Offenses and Sanctions

The very serious, six years; the serious, two years; the mild, one month.

Extinguishment of Disciplinary Liability

It is extinguished by compliance with the punishment, the death of the function, the prescription of the offense or of the penalty, and pardon or amnesty.

Authorities Competent to Impose Sanctions

The ministers and state secretaries or assistant secretaries, by delegation, the directors and delegates, and sub-delegates of the Government towards the officials in their respective territorial field.

Single Collective Agreement

Agreement for the administration staff of the State, being part of the Administration on one hand and unions representing the workforce on the other.